BOUDREAUX v. SIMONEAUD GROCERY & MARKET

No. 07-511.

972 So.2d 440 (2007)

Darryl BOUDREAUX v. SIMONEAUD GROCERY & MARKET, INC.

Court of Appeal of Louisiana, Third Circuit.

December 19, 2007.


Attorney(s) appearing for the Case

Morris M. Haik, Jr., New Iberia, LA, for Defendant/Appellee, Simoneaud Grocery & Market, Inc.

D. Brennan Stockstill, New Iberia, LA, for Plaintiff/Appellant, Darryl Boudreaux.

Court composed of JIMMIE C. PETERS, MARC T. AMY, MICHAEL G. SULLIVAN, ELIZABETH A. PICKETT, and JAMES T. GENOVESE, Judges.


SULLIVAN, Judge.

The plaintiff, Darryl Boudreaux, appeals the dismissal of his suit, arguing that the trial court erred in finding it was abandoned under La.Code Civ.P. art. 561. For the following reasons, we reverse.

Factual and Procedural Background

The plaintiff filed the petition in this matter on December 10, 2002, alleging that he had incurred medical expenses as the result of an automobile accident. He asserted that he had medical benefits...

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